Squarespace Terms of Service

20210302_rev01 · COMPARED WITH 20200801_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE

Full text changes — 20200801_rev01 to 20210302_rev01

1**Effective Date: July 7, 2020**
1**Effective Date: February 19, 2021**
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33> This page explains our terms of service, which contain important information about your legal rights. When you use Squarespace, you're agreeing to these terms. To help make them easier to understand, we've also included annotations in these gray boxes. The annotations aren't part of the official terms and have no legal effect, but are intended to help you follow the text.
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55Hello and welcome to Squarespace's Terms of Service!
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77These Terms of Service ("Terms") cover your use of and access to the sites, templates, products, applications, tools, services and features (collectively, the "Services") provided by Squarespace (as defined below), including without limitation during free trials, on the websites and associated domains of [www.squarespace.com](https://www.squarespace.com/), [www.acuityscheduling.com](http://www.acuityscheduling.com/), [www.stori.es](http://www.stori.es/) and [www.unfold.com](http://www.unfold.com/) and on Squarespace web, mobile and other applications.
2525**1.3. Sixteen And Older.** The Services are not intended for and may not be used by children under the age of 16. By using the Services, you represent that you're at least 16. If you're under the age of 18, depending on where you live, you may need to have your parent or guardian's consent to this Agreement and they may need to enter into this Agreement on your behalf.
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2727**2. Your Content**
2828
2929> When you upload content to Squarespace, you still own it. You do, however, give us permission to use it in ways necessary to provide, improve, promote and protect our services. For example, when you upload a photo, you give us the right to save it and display it on your site or story at your direction. We also may promote or feature your site or story, but you can opt out if you don't want us to do that.
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31**2.1. Your User Content Stays Yours.** Users of the Services (whether you or others) may provide us with content, including without limitation text, photos, images, audio, video, fonts, logos, stickers, code and any other materials ("User Content"). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in this Agreement. User Content includes without limitation content you post to Your Sites. "Your Sites" means the sites (including scheduling pages or Unfold stories hosted on the Services) you create or publish using the Services.
31**2.1. Your User Content Stays Yours.** Users of the Services (whether you or others) may provide us with content, including without limitation text, photos, images, music, audio, videos, fonts, logos, stickers, code and any other materials ("User Content"). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in this Agreement. User Content includes without limitation content you post to Your Sites or content you include in Your Videos. "Your Sites" means the sites (including scheduling pages, Bio Sites or Unfold stories hosted on the Services) you create or publish using the Services. "Your Videos" means the videos or similar materials you create using the Services and includes without limitation your Unfold stories.
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3333**2.2. Your License To Us.** When you provide User Content via the Services, you grant Squarespace (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.
3434
3535**2.3. Featuring Your Site.** We may choose to feature Your Sites (but not your scheduling pages) or names, trademarks, service marks or logos included on Your Sites. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of Your Sites, or any portion of Your Sites, including without limitation names, trademarks, service marks or logos on Your Sites, for the limited purpose of Squarespace marketing and promotional activities. For example, we may feature Your Sites on our Templates page, on the Customers sections of our sites or on our social media accounts. You waive any claims against us relating to any moral rights, artists' rights or any other similar rights worldwide that you may have in or to Your Sites or names, trademarks, service marks or logos on Your Sites and any right of inspection or approval of any such use. You can opt out of being featured through your Account or, in the case of Unfold, by contacting hello@unfold.com. This Section does not affect any rights you may have under applicable data protection laws.
3636
3737**3. Your Responsibilities**
4343**3.2. Follow The Law.** You represent and warrant that your use of the Services is in compliance with applicable laws, including without limitation applicable export or import controls and regulations and sanctions.
4444
4545**3.3. Share Responsibly.** The Services let you share User Content including without limitation on social media and the open web, so please think carefully about your User Content. We're not responsible for what you share via the Services.
4646
4747**3.4. Comply With Our Acceptable Use Policy.** You must comply with our [Acceptable Use Policy](https://www.squarespace.com/acceptable-use-policy/) (which is incorporated herein by reference). You represent and warrant that your User Content and your use of the Services complies with our [Acceptable Use Policy](https://www.squarespace.com/acceptable-use-policy/).
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49**3.5. Your Sites And Your End Users Are Your Responsibility.** Your Sites may have their own visitors, customers and users ("End Users"). You understand and agree that (a) Your Sites and your End Users are your responsibility; (b) you're solely responsible for providing products, services and support to your End Users; and (c) you're solely responsible for compliance with any laws or regulations related to Your Sites and/or your End Users. **We're not liable for, and won't provide you with any legal advice regarding, Your Sites or your End Users.** This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement**.**
49**3.5. Your Sites And Your End Users Are Your Responsibility.** Your Sites may have their own visitors, customers and users ("End Users"). You understand and agree that (a) Your Sites and your End Users are your responsibility; (b) you're solely responsible for providing products, services and support to your End Users; (c) you're solely responsible for compliance with any laws or regulations related to Your Sites and/or your End Users; and (d) your ability to create, share or otherwise operate Your Sites may be limited by the extent to which Your Sites include Licensed Content (as defined and described in our [Product Specific Terms](https://www.squarespace.com/product-specific-terms)). **We're not liable for, and won't provide you with any legal advice regarding, Your Sites or your End Users.** This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement**.**
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51**3.6. HIPAA Enabled Accounts.** If your use of the Services requires you to comply with industry-specific regulations applicable to such use, such as HIPAA, you will be solely responsible for such compliance, except to the extent Squarespace has agreed with you in writing otherwise. You are not permitted to use the Services in any way that would subject Squarespace to such industry-specific regulations without obtaining Squarespace's prior written agreement. For example, you may not use any Services to collect, use, disclose, protect or otherwise handle "protected health information" (as defined in 45 C.F.R. §160.103 under US federal regulations) unless your Account for such Services is designated as HIPAA-enabled and you enter into a separate business associate agreement with Squarespace.
51**3.6. Your Videos Are Your Responsibility.** You understand and agree that (a) Your Videos are your responsibility; (b) you're solely responsible for compliance with any laws or regulations related to Your Videos; and (c) your ability to create, share or otherwise use Your Videos may be limited by the extent to which Your Videos include Licensed Content. We're not liable for, and won't provide you with any legal advice regarding, Your Videos. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement.
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53**3.7. California Consumer Privacy Act.** With respect to the California Consumer Privacy Act (Cal. Civ. Code §§ 1798.100 - 1798.199), as may be modified from time to time (collectively, "CCPA"), solely if applicable to you and solely with respect to data of your "Consumers" (as defined under the CCPA) which meets the definition of "Personal Information" under the CCPA and for which you are responsible under the CCPA ("Service Provider PI"), the parties agree that Squarespace acts as a "Service Provider" and you are a "Business" (as such terms are defined under the CCPA). Squarespace and you shall comply with our and your respective obligations under the CCPA. For example, Squarespace shall not sell your Service Provider PI or otherwise disclose your Service Provider PI for a commercial purpose. Notwithstanding the foregoing, you agree that in accordance with the CCPA, Squarespace may: (a) use Service Provider PI internally to build and improve the quality of the Services; or (b) combine Personal Information of the End Users of you or other Businesses for which Squarespace is a Service Provider for the purposes of detecting data security incidents or protecting against fraudulent or illegal activity. This combined Personal Information includes IP addresses, preferences, web pages visited prior to coming to your or another Business' website, information about browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), and information about how End Users interact with your or another Business' website (such as timestamps, clicks, scrolling, browsing times and load times).
53**4. Third Party Services And Sites, User Content, Squarespace Experts and Squarespace Extensions**
5454
55**4. Third Party Services And Sites, User Content, Squarespace Specialists and Squarespace Extensions**
55> If you use or connect another service on or to Squarespace, follow a link to another site or work with someone you find on or through Squarespace (such as an expert or Circle member), what happens is between you and them. We're not responsible for it or what either of you do. There's also a lot of content on Squarespace uploaded by our users (like you). We're not responsible for that either.
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57> If you use or connect another service on or to Squarespace, follow a link to another site or work with someone you find on or through Squarespace (such as a specialist or Circle member), what happens is between you and them. We're not responsible for it or what either of you do. There's also a lot of content on Squarespace uploaded by our users (like you). We're not responsible for that either.
57**4.1. Third Party Services.** The Services are integrated with various third party services and applications (collectively, "Third Party Services") that may make their content, products or services available to you. Examples of Third Party Services include certain domain name registration services, social media platforms, Squarespace Experts (as defined below), eCommerce Payment Processors (as defined below), extensions listed on Squarespace Extensions (as defined below) and other integrations or extensions, stock images and email service subscriptions for sale via the Services and other integration partners and service providers. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. Any information that a Third Party Service collects, stores and processes from you or Your Sites will be subject to such Third Party Service's terms of service, privacy notice, or similar terms, and will not be subject to our [Privacy Policy](https://www.squarespace.com/privacy) or [Data Processing Addendum](http://www.squarespace.com/dpa). Therefore, please evaluate and ensure you trust each Third Party Service prior to connecting Your Site to its services. Each Third Party Service is solely responsible for providing all support, maintenance and technical assistance to you with respect to their services (including their interoperation with Your Sites). When using Third Party Services, your security is your responsibility. **We don't control Third Party Services, and we're not liable for Third Party Services or for any transaction you may enter into with them, or for what they do.** We may receive a revenue share from Third Party Services that we recommend to you or that you otherwise engage via the Services. You agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We're not liable for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except where prohibited by applicable law).
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59**4.1. Third Party Services.** The Services are integrated with various third party services and applications (collectively, "Third Party Services") that may make their content, products or services available to you. Examples of Third Party Services include certain domain name registration services, social media platforms, Squarespace Specialists (as defined below), eCommerce Payment Processors (as defined below), extensions listed on Squarespace Extensions (as defined below) and other integrations or extensions, stock images and email service subscriptions for sale via the Services and other integration partners and service providers. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. **We don't control Third Party Services, and we're not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. When using Third Party Services, your security is your responsibility.** You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We're not liable for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except where prohibited by applicable law).
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6159**4.2. Third Party Sites.** The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. **We don't control and aren't liable for those sites and what those third parties do.**
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63**4.3. User Content.** The Services or sites created using the Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, trade secret, privacy, publicity or other rights or the good name of you or third parties; (d) that is harmful to your or others' computers or networks; (e) that is unlawful or illegal; or (f) the downloading, copying or use of which is subject to additional terms and policies of third parties or is protected by intellectual property, trade secret, privacy or other laws. By operating the Services, we don't represent or imply that we endorse your or other users' User Content, or that we believe such User Content to be accurate, useful, lawful or non-harmful. We're not a publisher of, and we're not liable for, any User Content uploaded, posted, published or otherwise made available via the Services by you or other users. You're responsible for taking precautions to protect yourself, your Accounts, and your computer or network, from User Content accessed via the Services.
61**4.3. User Content.** The Services or sites, stories, or videos created using the Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, trade secret, privacy, publicity or other rights or the good name of you or third parties; (d) that is harmful to your or others' computers or networks; (e) that is unlawful or illegal; or (f) the downloading, copying or use of which is subject to additional terms and policies of third parties or is protected by intellectual property, trade secret, privacy or other laws. By operating the Services, we don't represent or imply that we endorse your or other users' User Content, or that we believe such User Content to be accurate, useful, lawful or non-harmful. We're not a publisher of, and we're not liable for, any User Content uploaded, posted, published or otherwise made available via the Services by you or other users. You're responsible for taking precautions to protect yourself, your Accounts, and your computer or network, from User Content accessed via the Services.
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65**4.4. Squarespace Specialists.** Certain parts of the Services may provide directories of, and information about, independent third party Squarespace users, including users designated as Acuity experts (collectively, "Squarespace Specialists") who can help you use the Services. Squarespace does not employ, is not affiliated with and does not endorse Squarespace Specialists. Squarespace Specialists are a Third Party Service, as defined in Section 4.1.
63**4.4. Squarespace Experts.** Certain parts of the Services may provide directories of, and information about, independent third party Squarespace users, including users designated as Acuity experts (collectively, "Squarespace Experts") who can help you use the Services. Squarespace does not employ, is not affiliated with and does not endorse Squarespace Experts. Squarespace Experts are a Third Party Service, as defined in Section 4.1.
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6765**4.5. Squarespace Logo.** Squarespace Logo includes icons obtained from The Noun Project, Inc. ("Noun Project"). Noun Project is a Third Party Service, as defined in Section 4.1, and your use of its icons is subject to Noun Project's [terms](https://thenounproject.com/legal/).
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69**4.6. Squarespace Extensions.** Our Services may include an extensions directory which enables you to access and connect certain Third Party Services to Your Sites (such directory and functionality for accessing and connecting, "Squarespace Extensions"). You decide (not us) to connect, enable or use such Third Party Services. We're not a party to, and we aren't liable for, the Third Party Services connected to Your Sites via Squarespace Extensions or otherwise. In accordance with Section 4.1, the relationship for these Third Party Services is strictly between you and the applicable third party, and your use of such Third Party Services is governed by the applicable third party terms and policies. Any information that a Third Party Service collects, stores and processes from you or Your Sites will be subject to such Third Party Service's terms of service, privacy notice, or similar terms, and will not be subject to our [Privacy Policy](https://www.squarespace.com/privacy) or [Data Processing Addendum](http://www.squarespace.com/dpa). Therefore, please evaluate and ensure you trust a Third Party Service prior to connecting Your Site to its services. The inclusion of Third Party Services on Squarespace Extensions shall not be deemed an endorsement, certification, affiliation, partnership or warranty of the Third Party Services by Squarespace. The Third Party Services are solely responsible for providing all support, maintenance and technical assistance to you with respect to their services (including their interoperation with Your Sites).
67**4.6. Squarespace Extensions.** The Services may include an extensions directory which enables you to access and connect certain Third Party Services to Your Sites (such directory and functionality for accessing and connecting, "Squarespace Extensions"). You decide (not us) to connect, enable or use such Third Party Services. We're not a party to, and we aren't liable for, the Third Party Services connected to Your Sites via Squarespace Extensions or otherwise. In accordance with Section 4.1, the relationship for these Third Party Services is strictly between you and the applicable third party, and your use of such Third Party Services is governed by the applicable third party terms and policies. The inclusion of Third Party Services on Squarespace Extensions shall not be deemed an endorsement, certification, affiliation, partnership or warranty of the Third Party Services by Squarespace.
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7169**5. Our Intellectual Property**
7270
7371> Squarespace is protected by various intellectual property laws. This section summarizes what we own and how we share.
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7573**5.1. Squarespace Owns Squarespace.** The Services are, as between you and Squarespace, owned by Squarespace, and are protected by copyright, trade secret, trademark and other US and foreign laws. This Agreement doesn't grant you any right, title or interest in the Services, others' User Content, our trademarks, logos or other brand features or intellectual property or trade secrets or others' content in the Services. You agree not to change, modify, translate or otherwise create derivative works of the Services or others' User Content.
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7775**5.2. We Can Use Your Feedback For Free.** We welcome your feedback, ideas or suggestions (collectively, "Feedback"), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
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79**5.3. Our Demo Content.** We may provide templates or other products featuring demo content, including without limitation text, photos, images, graphics, audio and video (collectively, "Demo Content"), to provide you with ideas or inspiration. Unless we tell you otherwise, Demo Content (or any portion of it) may not remain on Your Site or be distributed, publicly displayed, publicly performed or otherwise published.
77**5.3. Our Demo Content.** We may provide templates or other products featuring demo content, including without limitation text, photos, images, graphics, audio and video (collectively, "Demo Content"), to provide you with ideas or inspiration. Unless we tell you otherwise, Demo Content (or any portion of it) may not remain on Your Site or in Your Videos or be distributed, publicly displayed, publicly performed or otherwise published.
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8179**5.4. Templates.** The Services include social, website or other templates (collectively, "Templates"). The Templates include without limitation Demo Content, designs, layouts, stickers, stamps, overlays, elements and other materials. Squarespace owns the Templates. You may not use any Template in any way, intentional or otherwise, that competes, as determined by us in our sole discretion, with the Services.
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8381**5.5. Our Betas Are Still In Beta.** We may release products and features that we're still testing and evaluating. Those Services will be marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other Services.
8482
8583**6. Our Rights**
8684
8785> To operate effectively and protect the security and integrity of Squarespace, we need to maintain control over our services.
8886
89**6.1. Important Things We Can Do.** **We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you** (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your Accounts or parts, some or all of Your Sites; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
87**6.1. Important Things We Can Do.** **We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you** (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your Accounts or parts, some or all of Your Sites or your User Content; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
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9189**6.2. Ownership Disputes.** Sometimes ownership of an Account or site is disputed between parties, such as a business and its employees, or a web designer and a client. We try not to get involved in these disputes. **However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to such owner. Our decision in that respect is final**. If we feel that we can't reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice or business license, to help determine the rightful owner.
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9391**6.3. HTTPS Encryption.** We may offer HTTPS encryption for Your Sites. By registering a custom domain via the Services, or pointing a custom domain to the Services, you authorize us to create and maintain a certificate for the limited purpose of providing HTTPS for Your Sites.
9492
9593**7. Privacy**
103101**7.3. You Must Comply With Data Protection, Security And Privacy Laws.** You agree and warrant that **you are solely responsible when using Your Sites or the Services for complying with applicable data protection, security and privacy laws and regulations (including, where applicable, the EU General Data Protection Regulation and the EU e-Privacy Directive/Regulation), including any notice and consent requirements**. This includes without limitation the collection and processing by you of any personal data, when you use Your Sites and the Services to send marketing and other electronic communications to individuals and when using cookies and similar technologies on Your Sites (including, in particular, those which we place for you at your request as part of the Services, such as to undertake analytics for you).
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105103**7.3.1. Privacy Policies. If applicable law requires, you must provide and make available to your End Users on Your Sites a legally compliant privacy policy.**
106104
107105**7.3.2. Cookies And Similar Technologies.** **If applicable law requires, you must provide and make available to your End Users on Your Sites a legally compliant cookie policy.** You must capture valid consent, both for you and us, for any cookies or similar technologies used on or through Your Site (including those we drop on your request or with your permission) where required, including, where applicable, by the EU e-Privacy Directive/Regulation and under national laws implementing the same. Please see our [Cookie Policy](https://www.squarespace.com/cookie-policy/) for more information about use of cookies and similar technologies.
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109**7.4. Protect And Improve The Services.** You agree that we may protect and improve our Services through analysis of your use of the Services, your End Users' use of Your Sites and/or analysis of your and your End Users' personal information in anonymized, pseudonymized, de-personalized and/or aggregated form. If applicable law requires, you must explain this in your privacy policy. See our [Privacy Policy](https://www.squarespace.com/privacy-new) for more information about how and what we do in this regard.
107**7.4. HIPAA Enabled Accounts.** If your use of the Services requires you to comply with industry-specific regulations applicable to such use, such as HIPAA, you will be solely responsible for such compliance, except to the extent Squarespace has agreed with you in writing otherwise. You are not permitted to use the Services in any way that would subject Squarespace to such industry-specific regulations without obtaining Squarespace's prior written agreement. For example, you may not use any Services to collect, use, disclose, protect or otherwise handle "protected health information" (as defined in 45 C.F.R. §160.103 under US federal regulations) unless your Account for such Services is designated as HIPAA-enabled and you enter into a separate business associate agreement with Squarespace.
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109**7.5. California Consumer Privacy Act.** With respect to the California Consumer Privacy Act (Cal. Civ. Code §§ 1798.100 - 1798.199), as may be modified from time to time (collectively, "CCPA"), solely if applicable to you and solely with respect to data of your "Consumers" (as defined under the CCPA) which meets the definition of "Personal Information" under the CCPA and for which you are responsible under the CCPA ("Service Provider PI"), the parties agree that Squarespace acts as a "Service Provider" and you are a "Business" (as such terms are defined under the CCPA). Squarespace and you shall comply with our and your respective obligations under the CCPA. For example, Squarespace shall not sell your Service Provider PI or otherwise disclose your Service Provider PI for a commercial purpose. Notwithstanding the foregoing, you agree that in accordance with the CCPA, Squarespace may: (a) use Service Provider PI internally to build and improve the quality of the Services; or (b) combine Personal Information of the End Users of you or other Businesses for which Squarespace is a Service Provider for the purposes of detecting data security incidents or protecting against fraudulent or illegal activity. This combined Personal Information includes IP addresses, preferences, web pages visited prior to coming to your or another Business' website, information about browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), and information about how End Users interact with your or another Business' website (such as timestamps, clicks, scrolling, browsing times and load times).
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111**7.6. Protect And Improve The Services.** You agree that we may protect and improve the Services through analysis of your use of the Services and/or your End Users' use of Your Sites in anonymized, pseudonymized, de-personalized and/or aggregated form. If applicable law requires, you must explain this in your privacy policy. See our [Privacy Policy](https://www.squarespace.com/privacy-new) for more information about how and what we do in this regard.
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111113**8. Copyright**
112114
113115> We comply with copyright law, and respond to complaints about copyright infringement in accordance with our Copyright Policy.
114116
115117We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via the process described in our [Copyright Policy](https://www.squarespace.com/copyright-policy), which is incorporated by reference into this Agreement. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.
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135137**9.8. Fees For Third Party Services.** Third Party Services purchased via the Services may be subject to different refund or other policies that those Third Party Services determine, and such Third Party Services may be non-refundable. The purchase terms and conditions for such Third Party Services may be displayed during the purchase process, such as through a link to the purchase terms and conditions. It's your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. Unless otherwise stated in this Agreement, we don't offer refunds for purchases of Third Party Services.
136138
137139**10. Product Specific Terms**
138140
139141> Certain Services are subject to terms set forth in our Product Specific Terms.
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141**10.1.** Our [Product Specific Terms](https://www.squarespace.com/product-specific-terms) apply to your access to and use of certain specific products or services available via the Services as specified in our [Product Specific Terms](https://www.squarespace.com/product-specific-terms). Our [Product Specific Terms](https://www.squarespace.com/product-specific-terms) are incorporated by reference into this Agreement.
143**10.1.** Our [Product Specific Terms](https://www.squarespace.com/product-specific-terms) apply to your access to and use of certain specific products, features or services available via the Services as specified in our [Product Specific Terms](https://www.squarespace.com/product-specific-terms). Our [Product Specific Terms](https://www.squarespace.com/product-specific-terms) are incorporated by reference into this Agreement.
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143145**10.2. Definitions.**
144146
145147"eCommerce Payment Processor" as used herein has the meaning set forth in our [Product Specific Terms](https://www.squarespace.com/product-specific-terms).
146148
147149"Your eCommerce" as used herein has the meaning set forth in our [Product Specific Terms](https://www.squarespace.com/product-specific-terms).
148150
149151**11.** **Term And Termination**
150152
151153> Either of us can end this agreement at any time.
152154
153This Agreement will remain in effect until terminated by either you or us. You may terminate this Agreement at any time via the Services. **We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice.** For example, we may suspend or terminate your use of part or all of the Services if you're violating these Terms or our [Acceptable Use Policy](https://www.squarespace.com/acceptable-use-policy). We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Services. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement: Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms.
155This Agreement will remain in effect until terminated by either you or us. You may terminate this Agreement at any time via the Services. **We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice.** For example, we may suspend or terminate your use of part or all of the Services if you violate these Terms or our [Acceptable Use Policy](https://www.squarespace.com/acceptable-use-policy). We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Services. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement: Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms.
154156
155157**12.** **Warranty Disclaimers**
156158
157159> We work hard to make Squarespace great, but the services are provided as is, without warranties.
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159161**12.1. Disclaimers. To the fullest extent permitted by applicable law, Squarespace makes no warranties, either express or implied, about the Services. The Services are provided "as is" and "as available". Squarespace also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Squarespace, shall create any warranty. Squarespace makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.**
191193**15.6.1. US Users.** If you are a US User, you and Squarespace agree that this Agreement affects interstate commerce, so the US Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of these provisions (despite Section 16.2 below). Any arbitration hearings will take place at a location to be agreed upon in New York, New York, in English, and shall be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys' fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
192194
193195**15.6.2. Non-US Users.** If you are a Non-US User, you and Squarespace agree that any arbitration hearings will take place at a location to be agreed upon in Dublin, Ireland, in English, and shall be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected in accordance with the JAMS Rules. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys' fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
194196
195197**15.6.3. EU Consumers.** If you are an EU Consumer who brings a claim against Squarespace in the US, you and Squarespace agree that any arbitration hearings will take place at a location to be agreed upon in New York, New York, in English, and shall be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys' fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
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197**15.** **7\. Arbitration Fees.** The JAMS Rules will govern payment of all arbitration fees. We won't seek our attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
199**15.7. Arbitration Fees.** The JAMS Rules will govern payment of all arbitration fees. We won't seek our attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
198200
199201**15.8. Exceptions To Arbitration Agreement.** Notwithstanding anything in this Agreement, either you or Squarespace may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
200202
201203**15.8.1. US Users. If you are a US User, either you or Squarespace may assert claims, if they qualify, in small claims court in New York, New York or any US county where you live or work.**
202204
203205**15.8.2. Non-US Users. If you are a Non-US User, either you or Squarespace may assert claims, if they qualify, in small claims court in Dublin, Ireland or any county in Ireland where you live or work.**
217219**16.2. Controlling Law; Judicial Forum For Disputes.**
218220
219221**16.2.1. US Users.** If you are a US User, this Agreement (including its existence, formation, operation and termination) and the Services as well as all disputes and matters arising out of or in connection with this Agreement and the Services (including non-contractual disputes and matters) shall be governed in all respects by the laws of the State of New York, without regard to its conflict of law provisions, except that the Federal Arbitration Act ("FAA") shall prevail to the extent that there exists any conflict between the FAA and the laws of the State of New York with respect to Section 15. If Section 15 is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 15.4, you and Squarespace agree that any judicial proceeding (other than small claims actions) arising out of or in connection with this Agreement (including its existence, formation, operation and termination) and/or the Services (including non-contractual disputes and matters) must be brought exclusively in the federal or state courts of New York, New York and you and Squarespace consent to venue and personal jurisdiction in such courts.
220222
221223**16.2.2. Non-US Users.** If you are a Non-US User, this Agreement (including its existence, formation, operation and termination) and the Services as well as all disputes and matters arising out of or in connection with this Agreement and the Services (including non-contractual disputes and matters) shall be governed in all respects by the laws of Ireland, without regard to its conflict of law provisions. If you are an EU Consumer, this Section does not limit or affect any rights you may have under any mandatory laws of the country where you habitually live. If Section 15 is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 15.4, you and Squarespace agree that, except where Section 16.2.3 applies, any judicial proceeding (other than small claims actions) arising out of or in connection with this Agreement (including its existence, formation, operation and termination) and/or the Services (including non-contractual disputes and matters) must be brought exclusively in the courts of Ireland and you and Squarespace consent to venue and personal jurisdiction in such courts.
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223**16.2.3. EU Consumers.** If you are an EU Consumer, as long as Section 15 does not apply to you or your claim, you and Squarespace agree that any judicial proceeding arising out of or in connection with this Agreement (including its existence, formation, operation and termination) and/or the Services (including non-contractual disputes and matters) may only be brought in a court located in Ireland or a court with jurisdiction in your place of habitual residence. If you are an EU Consumer and Squarespace wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you habitually reside.
225**16.2.3. EU Consumers.** If you are an EU Consumer, as long as Section 16 does not apply to you or your claim, you and Squarespace agree that any judicial proceeding arising out of or in connection with this Agreement (including its existence, formation, operation and termination) and/or the Services (including non-contractual disputes and matters) may only be brought in a court located in Ireland or a court with jurisdiction in your place of habitual residence. If you are an EU Consumer and Squarespace wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you habitually reside.
224226
225227**16.3. EU Online Dispute Resolution.** If you are an EU Consumer, you can access the European Commission's online dispute resolution platform [here](http://ec.europa.eu/consumers/odr). Please note that Squarespace Ireland is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with you.
226228
227229**16.4. Waiver, Severability And Assignment.** Our failure or delay to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services, with thirty (30) days prior written notice. If you are an EU Consumer, we will ensure that the delegation, transfer or assignment does not adversely affect your rights under this Agreement.
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229231**16.5. Modifications. We may modify this Agreement from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we'll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you must stop using the Services and cancel all Paid Services.**